AuthorTitleCitationSummaryYearKeyTerm
William Bingle Birthright Citizenship: Misguided Calls for Reform 43 University of Toledo Law Review 669 (Spring 2012) The Citizenship Clause of the Fourteenth Amendment reads, All persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. The Citizenship Clause has long been interpreted to mean that any child born on United States soil is a United States... 2012 Yes
Allison S. Hartry Birthright Justice: the Attack on Birthright Citizenship and Immigrant Women of Color 36 New York University Review of Law and Social Change 57 (2012) Anti-immigrant sentiment in the United States is increasingly focused on restricting women of color's access to reproductive justice. Rhetoric surrounding anchor babies and an invasion by birth canal shows how the debate over immigration plays out on the bodies of immigrant women of color. This Article begins by describing the history of... 2012 Yes
Allison S. Hartry BIRTHRIGHT JUSTICE: THE ATTACK ON BIRTHRIGHT CITIZENSHIP AND IMMIGRANT WOMEN OF COLOR 36 New York University Review of Law and Social Change 57 (2012) Anti-immigrant sentiment in the United States is increasingly focused on restricting women of color's access to reproductive justice. Rhetoric surrounding anchor babies and an invasion by birth canal shows how the debate over immigration plays out on the bodies of immigrant women of color. This Article begins by describing the history of... 2012 Yes
Mark Shawhan By Virtue of Being Born Here: Birthright Citizenship and the Civil Rights Act of 1866 15 Harvard Latino Law Review 1 (Spring 2012) Introduction. 2 I. Citizenship in Historical Context. 4 A. The Common Law Citizenship Tradition. 4 B. The Consensualist Alternative. 6 C. A Rejection of Consensualism. 8 II. The Civil Rights Act of 1866. 9 A. Civil Rights Act: Senate Debate. 11 1. January 30th: Consensualists Object to Citizenship of the Freedmen, and the Question of Indian... 2012 Yes
Mariana E. Ormonde Debunking the Myth of the "Anchor Baby": Why Proposed Legislation Limiting Birthright Citizenship Is Not a Means of Controlling Unauthorized Immigration 17 Roger Williams University Law Review 861 (Summer 2012) Anchor baby has become a term used by anti-immigration proponents to evoke images of unauthorized immigrants crossing the American border solely to give birth, effortlessly providing those newborn children with constitutional rights and protections held by American citizens, only as a result of their birth on American soil. The term is used to... 2012 Yes
Patrick J. Charles DECODING THE FOURTEENTH AMENDMENT'S CITIZENSHIP CLAUSE: UNLAWFUL IMMIGRANTS, ALLEGIANCE, PERSONAL SUBJECTION, AND THE LAW 51 Washburn Law Journal 211 (Spring 2012) I. Introduction. 212 II. Decoding Birthright Citizenship from the Founding to the Fourteenth Amendment. 215 A. Birthright Citizenship and the 1866 Civil Rights Act. 220 B. Birthright Citizenship and the Fourteenth Amendment. 225 III. Defining Citizenship and Who is Subject to the Jurisdiction Thereof . 231 IV. The Birthright Citizenship Debate in... 2012 Yes
Rachel E. Rosenbloom Policing the Borders of Birthright Citizenship: Some Thoughts on the New (And Old) Restrictionism 51 Washburn Law Journal 311 (Spring 2012) It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary... 2012 Yes
Rachel E. Rosenbloom POLICING THE BORDERS OF BIRTHRIGHT CITIZENSHIP: SOME THOUGHTS ON THE NEW (AND OLD) RESTRICTIONISM 51 Washburn Law Journal 311 (Spring 2012) It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary... 2012 Yes
Allen R. Kamp The Birthright Citizenship Controversy: a Study of Conservative Substance and Rhetoric 18 Texas Hispanic Journal of Law and Policy 49 (Fall 2012) I. American Birthright Citizenship: A History. 51 A. Understanding of American Citizenship before Dred Scott. 52 B. Citizenship After Dred Scott. 53 II. The Conservative Arguments Against Birthright Citizenship Are Without Foundation and Violate the Conservative Canons of Interpretation. 59 A. The United States, as Sovereign, Must Consent to... 2012 Yes
Kevin R. Johnson A Case Study of Color-blindness: the Racially Disparate Impacts of Arizona's S.b. 1070 and the Failure of Comprehensive Immigration Reform 2 UC Irvine Law Review 313 (February, 2012) Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law.... 2012  
Richard T. Middleton, Ivn and, Sheridan Wigginton A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity 21 Temple Political & Civil Rights Law Review 521 (Spring 2012) This paper builds upon a previous study that analyzed how the doctrine of jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In the aforementioned study, particular focus was given to how the principle of jus soli embedded in the U.S. Constitution has been judicially interpreted in a manner... 2012  
Alberto R. Gonzales An Immigration Crisis in a Nation of Immigrants: Why Amending the Fourteenth Amendment Won't Solve Our Problems 96 Minnesota Law Review 1859 (June, 2012) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. The recent economic recession brought about staggering job loss nationwide and the highest unemployment rate since the late 1970s and early 1980s. As a result, some Americans, unable... 2012  
Adam Clanton Born to Run: Can an American Samoan Become President? 29 UCLA Pacific Basin Law Journal 135 (Spring 2012) American Samoa holds the unique distinction of being the only American jurisdiction whose residents have been declared by Congress to be U.S. nationals at birth, and not U.S. citizens. This article examines the question of whether an American born on U.S. soil as a national can become president within the meaning of the natural born citizen... 2012  
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012  
Douglas M. Coulson Persecutory Agency in the Racial Prerequisite Cases: Islam, Christianity, and Martyrdom in United States V. Cartozian 2 University of Miami Race & Social Justice Law Review 117 (2012) Introduction. 119 The Legal and Historical Conte xt of Cartozian. 131 The Cartozian Trial: A Story of Persecution and Martyrdom. 143 The Historical Interpretation of Race and the Problem of Narrativity in Judge Wolverton's Opinion. 166 Transcending Racial Divisions by Unifying Against Common Enemies. 178 2012  
Udi Ofer Protecting Plyler: New Challenges to the Right of Immigrant Children to Access a Public School Education 1 Columbia Journal of Race and Law 187 (2012) Thirty years ago, the Supreme Court ruled in Plyler v. Doe that undocumented children have the same right to access a public school education as children who are United States citizens or immigrant children lawfully admitted to the United States. Yet today, undocumented children still face numerous obstacles when attempting to access a public... 2012  
Kevin Lapp Reforming the Good Moral Character Requirement for U.s. Citizenship 87 Indiana Law Journal 1571 (Fall, 2012) This Article explores the impact of the convergence of criminal law and immigration law on the most valued government benefit in the land: citizenship. Specifically, it examines how criminal history influences the opportunity to naturalize through the good moral character requirement for U.S. citizenship. Since 1790, naturalization applicants have... 2012  
Saby Ghoshray Rescuing the Citizenship Clause from Nativistic Distortion: a Reconstructionist Interpretation of the Fourteenth Amendment 51 Washburn Law Journal 261 (Spring 2012) The Fourteenth Amendment has not extended the rights and privileges of citizenship one iota. They are right where they always were. I. Introduction. 262 II. Straddling History to Reconstruct Original Meaning. 267 A. Difficulty in Finding a National Citizenship Theory. 268 i. Hard Road to Citizenship for Blacks. 268 ii. Shaping Effect of the Jus... 2012  
Jean Stefancic Terrace V. Thompson and the Legacy of Manifest Destiny 12 Nevada Law Journal 532 (Summer 2012) The first of a number of state anti-alien land law cases to reach the U.S. Supreme Court, Terrace v. Thompson affirmed that Japanese farmers in the state of Washington could not own agricultural land because they could not in good faith declare their intention to become citizens of the United States. On a first reading, the Terrace case does... 2012  
Eric Foner The Supreme Court and the History of Reconstruction--and Vice-versa 112 Columbia Law Review 1585 (November, 2012) Beginning in the 1930s, Reconstruction historiography underwent a dramatic change. Early-twentieth-century historians of Reconstruction viewed aggressive federal intervention to protect the civil rights of freed slaves as a mistake, and they celebrated the Compromise of 1877 and the subsequent retreat from Reconstruction. These historians also... 2012  
Richard M. Re and Christopher M. Re Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments 121 Yale Law Journal 1584 (May, 2012) The Reconstruction Amendments are justly celebrated for transforming millions of recent slaves into voting citizens. Yet this legacy of egalitarian enfranchisement had a flip side. In arguing that voting laws should not discriminate on the basis of morally insignificant statuses, such as race, supporters of the Reconstruction Amendments emphasized... 2012  
Matthew Ing Birthright Citizenship, Illegal Aliens, and the Original Meaning of the Citizenship Clause 45 Akron Law Review 719 (2011-2012) I. Introduction. 720 II. The Citizenship Clause in Context. 725 III. Indians, Aliens, and the Original Meaning of Subject to the jurisdiction thereof. 729 A. Federal Indian Law and the Original Meaning of Jurisdiction. 730 B. Original Expected Applications as a Test Suite of Original Meaning. 735 C. The Citizenship Clause During Ratification.... 2011 Yes
Nick Petree Born in the Usa: an All-american View of Birthright Citizenship and International Human Rights 34 Houston Journal of International Law 147 (Fall 2011) I. INTRODUCTION. 148 II. IMMIGRATION AND CITIZENSHIP IN THE UNITED STATES. 151 A. History of Immigration. 151 B. Citizenship. 153 III. THE HISTORY AND RIGHTS UNDERLYING THE FOURTEENTH AMENDMENT. 159 A. Debate Over the Meaning. 159 B. The Historical Context of the Fourteenth Amendment. 163 C. Conflict Between the Purpose of the Fourteenth Amendment... 2011 Yes
Venus Booth Citizenship as a Birthright: What the United States Can Learn from Failed Policies in the United Kingdom and Ireland 28 Arizona Journal of International and Comparative Law 693 (Fall, 2011) The United States is one of the few countries that continue to grant birthright citizenship to any person born within its boundaries. The right derives from the Fourteenth Amendment of the U.S. Constitution, which states, [A]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United... 2011 Yes
Dr. John Eastman and Professor Ediberto Román Debate on Birthright Citizenship 6 FIU Law Review 293 (Spring, 2011) The following is the transcript from a debate between Dr. John Eastman and Professor Ediberto Román, and moderated by Dean of the Florida International University College of Law, Alex Acosta. This debate took place on February 24-25, 2011 as a part of the FIU Law Review's Symposium on immigration reform in the United States. Specifically, this... 2011 Yes
Dana Gayeski Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-american 21 Temple Political & Civil Rights Law Review 215 (Fall 2011) In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... 2011 Yes
Dana Gayeski GIVE ME YOUR TIRED, YOUR POOR, YOUR LEGAL: WHY EFFORTS TO REPEAL BIRTHRIGHT CITIZENSHIP ARE UNCONSTITUTIONAL AND UN-AMERICAN 21 Temple Political & Civil Rights Law Review 215 (Fall 2011) In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... 2011 Yes
Angela Kim, Managing Editor THE GROWING MOVEMENT TO REDEFINE BIRTHRIGHT CITIZENSHIP AND THE FOURTEENTH AMENDMENT 25 Georgetown Immigration Law Journal 757 (Spring, 2011) Although the Fourteenth Amendment has historically been understood to convey citizenship to all persons born in the jurisdiction of the United States, also known as birthright citizenship, there has been a growing movement to redefine citizenship to limit this automatic citizenship to children of only documented citizens and legal residents.... 2011 Yes
Daniel A. Farber A Fatal Loss of Balance: Dred Scott Revisited 39 Pepperdine Law Review 13 (December, 2011) I. Introduction II. Dred Scott in Historical Context A. Slavery and Ante Bellum Legal Disputes B. The Supreme Court's Intervention in Dred Scott III. Dred Scott and Legal Doctrine A. Citizenship, Race and the Constitution B. Narrow Reading of the Enumerated Powers C. Constitutional Protection for Property Rights IV. Evaluating Dred Scott A.... 2011  
Peter J. Spiro A New International Law of Citizenship 105 American Journal of International Law 694 (October, 2011) Will international law colonize the last bastion of sovereign discretion? As a matter of traditional doctrine, international law has had little to say about the citizenship practices of states and the terms on which states determine the boundaries of their memberships. Through much of the Westphalian era, states have been essentially unconstrained... 2011  
Peter J. Spiro A NEW INTERNATIONAL LAW OF CITIZENSHIP 105 American Journal of International Law 694 (October, 2011) Will international law colonize the last bastion of sovereign discretion? As a matter of traditional doctrine, international law has had little to say about the citizenship practices of states and the terms on which states determine the boundaries of their memberships. Through much of the Westphalian era, states have been essentially unconstrained... 2011  
Keith Cunningham-Parmeter Alien Language: Immigration Metaphors and the Jurisprudence of Otherness 79 Fordham Law Review 1545 (March, 2011) Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... 2011  
Jeffrey L. Gower As Dumb as We Wanna Be: U.s. H1-b Visa Policy and the "Brain Blocking" of Asian Technology Professionals 12 Rutgers Race & the Law Review 243 (2011) American business interests face increasing difficulties as they attempt to compete in global technology-based industries. As the educational system in the U.S. is now producing fewer trained technology workers, many firms are looking to recruit professionals from foreign countries such as China and other Asian countries with an abundance of... 2011  
Harvey Gee Chasing the Dragon:the Forgotten Story of Wong Sun V. United States 17 Michigan Journal of Race and Law 159 (Fall 2011) Criminal Procedure Stories, edited by Harvard Law School Professor of Law Carol S. Steiker, is an insightful, multi-authored anthology providing the stories behind some of the most important criminal procedure cases in American jurisprudence. The collection offers discerning legal analyses and narratives told by leading criminal law scholars. The... 2011  
Susan K. Serrano Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity 20 Southern California Review of Law & Social Justice 353 (Summer 2011) At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... 2011  
Allan Erbsen Constitutional Spaces 95 Minnesota Law Review 1168 (April, 2011) I. The Land of the Law: The Constitution's Ad Hoc Typology of Physical Spaces. 1175 A. The Land . 1179 B. The United States . 1186 C. States . 1197 D. The District and the Seat . 1208 E. districts . 1215 F. places and territories . 1221 G. Territory and Property . 1224 H. possessions . 1232 I. Places . 1234 J. The high... 2011  
D. Carolina Núñez Inside the Border, Outside the Law: Undocumented Immigrants and the Fourth Amendment 85 Southern California Law Review 85 (November, 2011) As states enact immigration-related laws requiring local law enforcement officers to identify and detain undocumented immigrants, the Fourth Amendment rights of aliens are becoming critically important. In United States v. Verdugo-Urquidez, a divided Supreme Court suggested that aliens in the United States do not have Fourth Amendment rights unless... 2011  
Carson Osberg Inter-american System 18 Human Rights Brief 64 (Spring, 2011) In November 2010, the Inter-American Court of Human Rights (Court) ruled against Panama in its first case addressing the vulnerability of irregular and undocumented migrants. The decision in Vélez Loor v. Panama came seven years after the Court issued an advisory opinion on the rights of undocumented migrants. The opinion concluded that all... 2011  
Linda C. McClain Involuntary Servitude, Public Accommodations Laws, and the Legacy of Heart of Atlanta Motel, Inc. V. United States 71 Maryland Law Review 83 (2011) In this Article, I look at two contrasting ways in which arguments about the Thirteenth Amendment's declaration that [n]either slavery nor involuntary servitude . . . shall exist within the United States featured in the enactment of Title II of the Civil Rights Act of 1964 and in Heart of Atlanta Motel, Inc. v. United States, the case in which... 2011  
Andrea Christina Nill Latinos and S.b. 1070: Demonization, Dehumanization, and Disenfranchisement 14 Harvard Latino Law Review 35 (Spring 2011) Last year, the Arizona state legislature approved the Support Our Law Enforcement and Safe Neighborhoods Act, or Arizona Senate Bill 1070 (S.B. 1070) as it is popularly known. The provisions of the Bill are explicitly intended to work together to discourage and deter the unlawful entry and presence of aliens. S.B. 1070 contains a series of... 2011  
Andrea Christina Nill LATINOS AND S.B. 1070: DEMONIZATION, DEHUMANIZATION, AND DISENFRANCHISEMENT 14 Harvard Latino Law Review 35 (Spring 2011) Last year, the Arizona state legislature approved the Support Our Law Enforcement and Safe Neighborhoods Act, or Arizona Senate Bill 1070 (S.B. 1070) as it is popularly known. The provisions of the Bill are explicitly intended to work together to discourage and deter the unlawful entry and presence of aliens. S.B. 1070 contains a series of... 2011  
Noga Firstenberg Marriage and Morality: Examining the International Marriage Broker Regulation Act 18 Asian American Law Journal 83 (2011) This Article examines the International Marriage Broker Regulation Act (IMBRA) through the lenses of race, gender, and the institution of marriage. Legal scholarship about IMBRA has been sparse since its enactment in 2006, however the Act merits further investigation. Created to protect noncitizen women intending to marry U.S. citizen men met... 2011  
Michael Grinthal Power With: Practice Models for Social Justice Lawyering 15 University of Pennsylvania Journal of Law and Social Change 25 (2011) Public interest lawyers seeking justice for marginalized groups cannot succeed by working alone. Meaningful social change occurs when marginalized and dispersed peoples unite and organize to take power into their own hands. Such groups benefit greatly by forming relationships with lawyers and including them in their organizing processes. However,... 2011  
Javier Perez Reasonably Suspicious of Being Mojado: the Legal Derogation of Latinos in Immigration Enforcement 17 Texas Hispanic Journal of Law and Policy 99 (Spring, 2011) C1-3Summary I. Introduction 100 II. The Legal Framework & Doctrinal Prejudice 104 A. [Un]Reasonableness of an Exception to the Fourth Amendment 104 B. Equal Protection as a Guardian for Fairness 109 C. A Comment on Non-Federal Enforcement 113 III. The Cultural Force of Immigration Status 114 IV. CONCLUSION 122 2011  
Richard T. Middleton, IV The Operation of the Principle of Jus Soli and its Effect on Immigrant Inclusion into a National Identity: a Constitutional Analysis of the United States and the Dominican Republic 13 Rutgers Race & the Law Review 69 (Fall 2011) This paper explores how the framing of the principle jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In particular, I explore how the principle of jus soli, embedded in the United States Constitution, has been judicially interpreted to allow an expansive legal inclusion of racial and ethnic... 2011  
Richard T. Middleton, IV, Ph.D, JD THE OPERATION OF THE PRINCIPLE OF JUS SOLI AND ITS EFFECT ON IMMIGRANT INCLUSION INTO A NATIONAL IDENTITY: A CONSTITUTIONAL ANALYSIS OF THE UNITED STATES AND THE DOMINICAN REPUBLIC 13 Rutgers Race & the Law Review 69 (Fall 2011) This paper explores how the framing of the principle jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In particular, I explore how the principle of jus soli, embedded in the United States Constitution, has been judicially interpreted to allow an expansive legal inclusion of racial and ethnic... 2011  
Rose Cuison Villazor The Other Loving: Uncovering the Federal Government's Racial Regulation of Marriage 86 New York University Law Review 1361 (November, 2011) This Article seeks to fill a gap in legal history. The traditional narrative of the history of the American racial regulation of marriage typically focuses on state laws as the only sources of marriage inequality. Overlooked in the narrative are the ways in which the federal laws also restricted racially mixed marriages in the decades before 1967... 2011  
Michael A. Olivas The Political Efficacy of Plyler V. Doe: the Danger and the Discourse 45 U.C. Davis Law Review 1 (November, 2011) Stinky is one ugly robot, a raggedy contraption constructed of crudely painted, cheap plastic pipes pasted together with gobs of the foul-smelling glue that gave the monstrosity its name. Stinky's creators didn't look all that impressive, either--four teenage guys in baggy pants and sneakers, all of them illegal Mexican immigrants attending Carl... 2011  
Addie C. Rolnick The Promise of Mancari: Indian Political Rights as Racial Remedy 86 New York University Law Review 958 (October, 2011) In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about... 2011  
William T. Han Beyond Presidential Eligibility: the Natural Born Citizen Clause as a Source of Birthright Citizenship 58 Drake Law Review 457 (Winter 2010) I. Introduction. 457 II. Existing Scholarship. 460 A. The Traditional Approach. 460 B. The Naturalized Born Approach. 464 C. The Interpretation Approach. 466 III. The Constitutional Minimum Approach. 466 A. The Inadequacies of Existing Approaches. 466 B. The Constitutional Minimum Approach. 470 C. Ascertaining the Constitutional Minimum. 470... 2010 Yes
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